https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12303

Republic v Kipyegon (Criminal Case E014 of 2025) [2026] KEHC 12303 (KLR) (31 July 2026) (Judgment) Neutral citation: [2026] KEHC 12303 (KLR) Republic of Kenya In the High Court at Kabarnet Criminal Case E014 of 2025 TM Matheka, J July 31, 2026 Between Republic Prosecutor and Jackson Kipkpwe Kipyegon Accused Judgment 1.The accused Jackson Kipkpwe Kipyegon was charged with the murder of his brother George Kimuge on 10/9/2O25. It was alleged that the offence was committed at Tetemwe Sub-Location, Kimondis Location Marigat Sub-County within Baringo County. 2.The Accused took plea on 30/9/2025. He pleaded not guilty. The prosecution called 2 witnesses – the wife of the deceased and a brother of the deceased – George Kimuge, then realized the need for a Plea Agreement. 3.This was recorded on 7/7/2026 where the Accused pleaded guilty to the charge of manslaughter contrary to section 202 as read with section 203 of the Penal Code. 4.When the facts were read to him – he pleaded to guilty to the facts too – and was convicted on his own plea of guilty. 5.I heard submissions from both the prosecution and the defence on the sentence and mitigation. I also sought a Presentence report. 6.While addressing the court, Ms. Kosgei for the State cited section 329 of the Criminal Procedure Code – that even though the facts pointed to self defence – a life had been lost, accused had used extreme force – exhibiting anger – that he needed rehabilitation on anger management – a deterrent sentence. She submitted that the State sought a custodial sentence. 7.Mr. Kipkulei for the Accused submitted that the prosecution submissions were out of the context as the circumstances were clear as to what prompted the accused to commit the offence. That the facts were contrary to the submission by the State – that the whole family including the secondary victims were in support of the reduction of the charge to manslaughter and for a non-custodial sentence and that accused had acted in self defence – it was submitted that deceased was a convicted murderer – as supported by KBT HCCRA 39/2018 George Kimuge Kipyegon v R where deceased had been convicted of manslaughter, sentenced to 7 years imprisonment, which was confirmed by the High Court. 8.According to the Plea Agreement the facts were:-“On 9th September 2025, the deceased assaulted his wife Naomi Chebet Kipyegon and one Josephat Cherogony came to her rescue and the deceased turned on him and assaulted him. The following day on 10th September 2025, the deceased assaulted one Victor and the accused who was the deceased’s brother came to Victor’s rescue. When Victor was set free, the deceased turned on the accused and a fight ensued. Later, the deceased was found dead at the place he was fighting with his brother, the accused. The accused was arrested and the body removed to Baringo County Referral Hospital Mortuary.On 16th September 2025, post-mortem was conducted to ascertain the cause of death of the deceased and the same was confirmed to be intracranial fracture secondary to severe head injury due to blunt force trauma to the head.On 29th September 2025 the accused person was charged with the offence of Murder which the State now substitutes to that of Manslaughter upon request for Plea Bargain. The prosecution produced the post mortem report for the deceased George Kimuge Yegon dated 16/09/2025.” 9.When the court raised concern on the paucity of the facts the prosecution sought time to sort out the issue. It emerged from the record that the facts provided orally by the prosecution came from the record of the family meeting held on 5/5/2026 attended by 15 family members. 10.Once again, the minutes of the meeting reflect the letter and spirit of the Constitution – at Article 159(2) in general and specifically 159(2) (c). The recognition that Access to Justice can never be through one door in Pluralistic Society such as Ours - that justice is layered and cannot be straight jacketed into one system of justice – that justice is personal as it is familiar, communal – 11.That is why I found it necessary to allow this family to speak for themselves:-“Firstly, (The chairperson) he asked all present to make a self-introduction stating their name and relationship to the parties in dispute. Thereafter, he asked all to be of sober mind in the deliberations at hand, listen carefully and afford all persons’ adequate audience when they give their input. He also requested those present to be objective in their input and act with utmost good faith based on the sensitivity of the matter at hand. Lastly he asked all contributors to be time conscious.Agenda 1.Incident Narration. 2.Family Resolution. 3.Adjournment. 4.Certification. The Chair asked if there was a member who had an issue with the agenda as set out but there was none. He then asked for a proposer and seconder to the Agenda a set to which Mr. Victor Kipkemei Kangor Proposed the adoption of the agenda as read out and Mr. Gideon Kipkulei Kipyegon seconded.MINUTE 01/05/2026 – INCIDENT NARRATIONThe Chairman informed the meeting that the meeting was convened to reconcile the family of the late Mzee Kipyegon whose son George Kimuge lost his life after an altercation with the brother Jackson Kipke. To enable all present to understand what truly happened on the fateful day, the Chairman invited Mr. Jackson Kipkwe to narrate the happenings on the fateful day in detail, so that members could get a proper picture to enable them make a good resolution.Mr. Jackson Kipke thanked all members for attending the meeting and requested to give his narration starting with the prior to the fateful day as the events were linked to the incident.The Chairman granted the request.Mr. Jackson Kipke narrated as follows:On 9th September 2025 at around 10:00 pm while at home in Senetwo village of Moigutwo Sub Locations Sokta Location in Marigat Ward of Baringo Sub-County was called by his younger brother Clement, with allegations they had been beaten by George and were thus hiding in the bush. Clement informed him that Josephat had been beaten seriously. He was further informed that George had a panga and a torch and was searching seriously for Josephat. He advised Josephat and Clement to hide in the bush to buy time. He asked on the whereabouts of the Children and was informed they had been rushed to a neighbour’s house to hide. The hiding duo were in constant touch and informed him that from their hiding point they had been able to see George ransacking the Josephat’s compound and they could hear him asking for the whereabouts of Josephat and their sister Caro. George forcibly evicted Josephat’s wife and kids from their house and shut the door from outside. The hiding duo sought Jackson’s assistance to reach out to Victor so that they could both reach out to George and control him. He was able to reach Victor informing him of Josephat’s illness arising from Tuberculosis that may be worsened by long exposure to the night cold. Jackson and Victor agreed to monitor the happening in the night then confront George in the morning with a view to finding a solution. (sometimes as this was happening George had accessed Josephat’s phone and crushed it alongside his own).The following morning on 10th September 2025, Jackson called Josephat through Clement's Phone (Clement being a student was headed to School) and confirmed he was not feeling too well. He then called Victor and they all agreed that the three of them (himself, Victor and Josephat) meet and proceed to discuss matters with George at 9:00AM at their river fronting farm in Ngolbelon Village of Ngolbelon Sub Location, Kimondis Location of Marigat Ward in Baringo South Sub County, where they had confirmed they would find him as he had work to do there.They all arrived at their agreed point at around 9.30 AM. Having met George in his farm with casual labourers' engaged and seeing the need of confidentiality, they requested him to leave the farm as they sought a nearby site where they could comfortably hold their discussions. George obliged and went with them.On meeting George and tactically inquiring from him what the problem could be, he stated that his issue was only with his wife but questioned why Josephat was interfering with his family matters. After lengthy and brotherly discussions, they agreed to conclude the matter amicably and put the matter to rest. As the evening drew and his George's farmhands were done for the day, they had agreed to retire to their respective homes, when George as a sign of good faith informed the trio that he had some traditional Liquor (Muratina) in his place, to which he invited anybody with money to buy and consume before they left. They all then proceeded to George's residence alongside some of the casual labourers'. They reached the House at around 4PM in the evening.He agreed to go drink the Muratina at George's place with their Uncle Waka who had come from Sogon. As they tasted the Muratina they realized it had not fermented maturely, so he agreed to carry away some in a can so that he could drink later as he took a little. Their Uncle Waka loudly complained that the Muratina beer was not ready and he wanted to leave. It was around 6:30pm when then they heard a commotion between George and Victor, they went out to find George pinning Victor on the ground with a panga.Jackson tried to separate the two but instead George turned on him, wrestling him and cutting his fingers using the panga. This forced him to push George's hand against a tree an action that made the panga he was holding drop off. It soon become serious with George biting Jackson's chin which forced him to choke George by blocking off his nostrils and roughly squeezing his neck. This action led to George biting his fingers, as he tried to forcefully remove the fingers from George's mouth led to pieces of flesh peeling off from his fingers leading to massive bleeding. This made him think with all the blood his brother had seen enough, but he was wrong as George was not yet done. He decided to leave but, George held him by the legs and pulled him back. Now in pain, bleeding and annoyed with the alcohol also taking control of his thinking, under duress from all these happenings, he picked up a stone and repeatedly hit George on the head until his leg was freed by George releasing his hands.As it was already getting dark he left the scene and along the way met his brothers Josephat, Dickson and Victor who asked him what had transpired as they could see he was bloodied in the hands, chin and face. He struggled to explain what had happened and told them to go see the state of George whom he had left on the scene as he told them he needed to get to his workplace in Senetwo. This was around 8PM.Being exhausted from the physical strain of the fighting, effects of alcohol and blood loss he could no longer walk at some point and decided to rest in a nearby bush until around 2PM when he went home, but opted not to sleep in his house.On the morning of 11th September 2025 when he woke up, the drowsiness was gone and he sensed something was amiss and he sensed danger after recollecting the happenings of the previous day. He called his Employer and explained to him what had transpired resulting to the unfortunate incident of the killing of his brother. His boss advised him to go report the matter to the Police at Marigat Police Station. He agreed and as he was injured, walked slowly before picking a motorcycle taxi (bodaboda) that took him all the way to Marigat Police Station. On reaching the Police Station the Officers in the Report Office informed him that he was in a bad state and should first go seek medical attention for his many visible injuries. He went to the Marigat Sub County Hospital where he was treated and later discharged.He then proceeded back to the station where after explaining what had transpired he was booked in the Occurrence Book and detained at the Marigat Police Station Cells. He was taken to Kabarnet Law Courts on 15th October 2025 where it was ordered he undergo mental assessment before writing his statement. The Assessment was done and it was established he was in good mental state and could write his statement which he wrote on 22nd September 2025.He went for the mention of his case on 28th September 2025, 29th September 2025 and 30th September 2025. On 1st October 2025 he was transferred to Eldoret Remand Prison.Jackson explained to the meeting that this was how matters transpired. He requested to explain to the meeting some other issues of importance that may help them understand the matters at hand better.The Chair granted him the request.He explained thus;On several occasions when drunk the late George had insinuated that he would kill somebody before going back to jail. The late George was not a good person having previously killed one Mr. Hillary Kimutai sometime in 2015. So, when he talked of killing it was not to be taken lightly especially when he would start a fight while armed with any weapon such as a panga;George was in the habit of threatening and even beating up people including their own mother whom he chased leaving them to grow without motherly care,On several occasions when drunk he threatened and beat up Victor's father,George threatened and beat up his younger brother Jeremiah despite the latter being sickly,George had even gone to the extent of threatening the area Assistant Chief, Mr. Peter Kapkiyal severally,Initially Gorge used to listen to him but once he took any form of alcohol he became an animal who could not listen to anyone or discuss any matter without violence.My actions on that fateful day were intended to rescue my brother Victor from harm and thereafter I was forced to act in self-defense, when the deceased turned against me. I sincerely apologize for having taken the life of my brother accidentally and promise to do all within my power to help his children live a good life. My sister In Law Naomi, find it in your heart to forgive me for taking the life of your Husband.I have suffered enough in Police cells and in the prison cells and seek for forgiveness from all members of our family those present here and those absent as well as the neighbourhood and Community. If pardoned I promise not to ever partake of any form of alcohol, to maintain high standards of discipline, be a person of high integrity, actively participate in development activities in the locality and be a role model to my peers and the community.That is all I have to state before this honourable gathering of family, neighbours and community.The Chairman opened the meeting for reactions from the members present on the narration of events by the accused;Josephat informed the meeting that the events outlined by Jackson in his narration were a true reflection of the happenings on the material days. Truthfully, their late brother was not merciful even to him despite knowing he was sickly.Victor informed the meeting that the appearance of Jackson at the scene on the fateful day was what saved him otherwise he would have been killed on that day, as George had allegedly told him he will finish him off there and then.Victor informed the meeting that despite having been imprisoned previously George showed no signs of remorse.Jeremiah also informed the meeting that the deceased threatened him severally. He explained to the meeting that everybody in the family was living in fear when the late was alive especially after his drinking sprees.After a full meeting the family made the following resolutionsMinute 01/05/2026-family ResolutionThe Chairman informed the meeting that after getting the narration from the accused Jackson on what transpired on the fateful day, it was now left to the meeting to make a resolution of the family.Mr. Cherutich reminded the meeting that in line with Tugen Customary Dispute Resolution mechanisms, a meeting does not make a resolution of a matter in the presence of the accused, he thus asked the Chair to duly give instructions.The Chairman asked Mr. Jackson Kipke Kipyegon to exit the meeting but not go very far as he may be called upon to clarify matters as and when they arose.The Chairman informed members that despite the matter being in Court, the meeting was free to make their resolution which will be forwarded to the Court for consideration when they will be making their judgment.The Chairman asked the brothers of the accused to give their comments on the character and behaviour of the accused. The brothers went to a consultative side meeting and came back having resolved that they will channel their comments through the eldest brother (Jeremiah Komen). The Brothers informed the meeting that Jackson was a good brother, respectful, responsible, obedient, development conscious and very helpful on family issues. The brothers explained that for the period they had been living with him they never experienced any disciplinary issues with their brother Jackson. Even for the period since he was granted bail by the Court, he has been around home helping out on various issues including assisting with the schooling needs of his brother Clement.The Chairman asked the neighbor Mr. Samson Chebon to give his comments and the neighbor informed the meeting that he knew Jackson as a hard working young man who was very responsible and exhibited high levels of discipline and was a good role model for the local youth despite the recent unfortunate incident. He infact expressed shock that Jackson partook of alcohol, as he had never seen nor heard of the involvement of the young man in alcohol related Incidences. He blamed the devil for the incident.Based on the narration of the events of the day, his conclusion was that Jackson killed George in self defence.The Chairman asked the Village elders to give their view. Elder Nahashon informed the meeting that in his view the deceased George was problematic to the Community and he was aware of constant threats emanating from the late to various persons in the Community. Based on the presentation from the accused if George had agreed to stop being violent when he was separated from his brother Victor, then the accused would have had no reason to hit him. In his view it was a case of self defence and it was left to the meeting to make a resolution on the way forward.Elder Nahashon on his part thanked the accused for being law abiding witnessed by his taking himself to the Police Station after the incident to file a report. Even after being told to first get treatment before booking the matter in the Occurrence Book and knowing full well the consequences, he still went back to the Station. In his view the accused acted in self defence and was very confident of his innocence for the crime committed. A resolution of the meeting led by the family will be binding on him and the Nyumba Kumi of the Village.The Chair asked the widow of the deceased to make her comments on the matter having heard the narration by the accused. Naomi, the wife of the deceased informed the meeting that she had no ill will on her in law and even prior to the incident they had lived harmoniously. She accepted the sincere apologies made by her in law informing the meeting that she knew him to be sincere. She was also glad that he had made a promise to do all within his power to help her children live a good life. In her view the accused acted in self defence because she knew him as non-violent.He Chairman invited the mother of the family to make her comments on behalf of all the mothers of the family. Mama Linah on her part wished all her children would live a good life but blamed the devil for the ill that visited the family. She asked all in the family to shun alcohol as it was the cause of all sin and evil. According to her Jackson Kipkwe was not a person able to take a person's life in his sober normal state. She described him as disciplined and obedient. In her view Kipkwe was acting in self-defense as he had been seriously provoked by Kimuge.Mzee Elisha on behalf of the fathers present was also of the view that Jackson was not able of committing such a heinous crime under normal circumstances but knowing him as a quiet person his limit of handling the situations had been exceeded and in self-defense he cracked and went the whole way without thinking. As a family they had variously warned the Late George to mend his ways but to no avail. Jackson was a very productive member of the family and his continued stay behind bars may not help him as even the deceased had been detained in prison after he murdered somebody and he came out worse so they would not wish Jackson to join that category.Having heard all those present, the Chairman asked the Secretary to write the following resolutions which will once adopted by the meeting through each individual member present certifying the minutes by assigning their names, ID. NO's, Cellphone No's (where applicable) and signatures will be read to the accused to countersign:Family Meeting Resolutions;That, the family held a meeting where deliberations included a narration of the incident from the accused, confirmation of happenings by witnesses present and after lengthy deliberations agreed as follows:1)That the family resolutions be forwarded to the Presiding Judge for consideration in making his/her judgment in the matter of the State against Mr. Jackson Kipkwe Kipyegon,2)That the accused makes a public apology to the widow, children and family of the deceased in Court for the crime committed;3)That the family humbly requests the Honourable Court through the Presiding Judge to exercise leniency in making judgement on the above matter by pardoning or meting out a non-custodial sentence/probation on the accused;4)That the accused committed the crime while acting in self-defense; it was not lost on the meeting that the deceased was a dangerous person having previously committed a murder, been convicted, imprisoned but showed no remorse; after his release;5)That the family and Community elders will organize a traditional cleansing ceremony to ward off any evil spirits and set free all the concerned parties. The Meeting agreed that the accused meet all the logistical requirements of the cultural ceremony. 12.All those present signed the document. 13.The presentence report – through the Probation and After Care Services Officer dated 13/7/2026 confirmed the position as clearly set out in the family meeting minutes. That the secondary victim , the wife of the deceased acknowledged that her husband was violent, that on the material day he was the aggressor – violent and dangerous –that the offender is remorseful – That the community is rallying for him. The PACs recommends :- “that the offender has a supportive family that is ready to welcome him back, an employer who is willing to continue employing the offender and a general community that is ready to accept him back. I therefore find the offender suitable for a non-custodial sentence and I recommend that he be sentence to serve a probation sentence for a period of 3 years.During this period we shall:- 1.Offer the client guidance and counselling on conflict resolution. 2.Ensure the client keeps his word on supporting the children of the victim. 3.Follow up to ensure cleansing is done as per Tugen culture. 4.Offer any other assistance to the client as need be. 14.In the circumstances – in answer to the question what would be the suitable sentence? 15.I first point that AJS Mechanism here is the family – it is clear as day that a Penal Code sentence alone would not have created the evident harmony, the acceptance of wrong, and taking up of responsibility as has happened here, and the acceptance that those who do terrible things in our communities are sometimes troubled spirits who need to settled even after they have left us. In addition – the call for action to ensure prevention of future offending – not by simply incarcerating the offender, but by the offender setting up a good example in the community , by elders getting the opportunity to counsel, by a mother making a plea to her children to stop bad habits and live in harmony. 16.The prosecution is concerned about anger management and rehabilitation of the offender, and punishment. Clearly the circumstances of this case justice will be served by a non-custodial sentence, there is punishment, the accused has spent time in custody, but the higher call of justice is – to enable healing – to enable the traditional rites that will settle the deceased’s troubled spirit, and cleanse the family, the community of this spirit– and allow the living to go on in harmony. This family states:“That the family and community elders organize a traditional cleansing ceremony toward off any evil spirits and set free all the concerned parties. The meeting agreed that the accused meet all the logistical requirements of the cultural ceremony.” 17.I accept the recommendations both of the Probation report and the family. 18.The Accused said the following in his words:-“My actions on that fateful day were intended to rescue my brother Victor from harm and thereafter I was forced to act in self-defence, when the deceased turned against me. I sincerely apologize for having taken the life of my brother accidentally and promise to do all within my power to help his children live a good life. My sister in law Naomi, find it in your heart to forgive me for taking the life of your husband.I have suffered enough in Police cells and in the prison cells and seek for forgiveness from all members of our family those present and those absent as well as the neighborhood and community. If pardoned I promise not to ever partake of any form of alcohol, to maintain high standards of discipline, be a person of high integrity, actively participate in development activities in the locality and be a role model to my peers and the community.That is all I have to state before this honourable gathering of family, neighbours and community.” 19.The period spent in custody is sufficient. The accused person is placed on Probation Supervision for Three years with effect from the date of this Order. 20.PACs to do its duty, the family and community to ensure it happens and for the accused: Let him go forth serve his sentence and fulfil his promise. JUDGMENT DATED SIGNED AND DELIVERED VIRTUALLY AT KABARNET HIGH COURT ON 31ST JULY 2026MUMBUA T MATHEKAJUDGEIn the presence of:-The accusedCA Glady/MomanyiMr. Kipkulei for accusedMr. Kipkurui for Mr. Koech for state